Terrorism Act 2000
Encyclopedia
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament
of the United Kingdom
. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emergency Provisions) Act 1996. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights
.
is defined, in the first section of the Act, as follows:
Sections (2)(b) and (e) could be criticised as falling well outside the scope of what is generally understood to be the definition of terrorism
, i.e. acts that require life-threatening violence.
Prior to this, terrorism was defined in an Act as a footnote, such as Reinsurance (Acts of Terrorism) Act 1993 (c. 18) section 2(2):
and Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) section 20(1):
In Northern Ireland (Emergency Provisions) Act 1996, the criminal offences referred to as terrorism are provided as an exhaustive list of over 70 items.
This move to establish a sound definition of terrorism in the law made it possible to build an entirely new set of police and investigatory powers into incidents of this kind, beyond what they could do for ordinary violent offences.
, such as the Prevention of Terrorism (Temporary Provisions) Act 1989, the Home Secretary
had the power to maintain a list of proscribed groups that he believes are "concerned in terrorism". The act of being a member of, or supporting such a group, or wearing an item of clothing such as "to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation" is sufficient to be prosecuted for a terrorist offence.
. The list as of February 2009 is:
Mujaheddin e Khalq
(MeK) was removed from the list of proscribed organisations in June 2008, as a result of judgements of the Proscribed Organisations Appeals Commission and the Court of Appeal
in Northern Ireland
. The list as of February 2010 is:
This was a break from ordinary criminal law where suspects had to be charged within 24 hours of detention or be released. This period was later extended to 14 days by the Criminal Justice Act 2003
, and to 28 days by the Terrorism Act 2006
.
to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize "articles of a kind which could be used in connection with terrorism". Unlike other stop and search powers that the police can use, Section 44 does not require the police to have "reasonable suspicion" that an offence has been committed, to search an individual.
In 2009, over 100,000 searches were conducted under the powers, but none of these resulted in people being arrested for terrorism offences. 504 were arrested for other offences.
In January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the European Court of Human Rights
. It held that Article 8 of the European Convention on Human Rights
had been violated in the case of two people stopped in 2003 outside the ExCeL convention centre in London, which at the time was hosting a military equipment exhibition. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", over-ruling a 2003 High Court
judgement upheld at the Court of Appeal
and the House of Lords
.
The government intends to replace the powers under section 44 with new powers in the Protection of Freedoms Bill, but in the interim Home Secretary
Theresa May
has made a remedial order under the Human Rights Act 1998
(the Terrorism Act 2000 (Remedial) Order 2011), which has the effect of repealing sections 44, 45, 46 and most of section 47.
A senior police officer must make an authorisation in relation to a specified area or place. He can make such an authorisation only if he:
When such an authorisation is in force, any constable in uniform can, in the specified area or place, stop:
But the power to search can only be used for the purpose of discovering whether there is anything which may constitute evidence that:
The power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence. A person or vehicle searched under this power may be detained for as long as is reasonably required. A person who is searched may be required to remove their headgear, footwear, outer coat, jacket or gloves, but nothing else whilst in public. If requested, a form must be given stating that the person/vehicle was stopped.
An authorisation can be given by an Assistant Chief Constable
(or if the area is in the Metropolitan Police District
of the City of London
, then a Commander of the Metropolitan Police
/City of London Police
). Authorisations can also be given by the Assistant Chief Constables of:
If given verbally, authorisations must be confirmed in writing as soon as reasonably practicable, and in either case must be notified to the Home Office
as soon as reasonably practicable. Authorisations must be confirmed by the Home Office within 48 hours of their being made, or they expire automatically. If confirmed, an authorisation can only last for up to 14 days. An authorisation can be cancelled at any time, or restricted in respect of the time it ends or the area which it covers, but it cannot be expanded. New authorisations can be made regardless of whether previous authorisations exist, or have been cancelled or have expired.
Sections 57-58: Possession offences: Section 57 is dealing with possessing articles for the purpose of terrorist acts. Section 58 is dealing with collecting or holding information that is of a kind likely to be useful to those involved in acts of terrorism. Section 57 includes a specific intention, section 58 does not.
Bilal Zaheer Ahmad, 23, from Wolverhampton, is believed to be the first first person convicted of collecting information likely to be of use to a terrorist, including the al-Qaeda
publication Inspire
.
conducted 175,000 searches using Section 44, these included over 2313 children (aged 15 or under), of whom 58 where aged under 10.
Up to early 2004 around 500 people are believed to have been arrested under the Act; seven people had been charged. By October 2005 these figures had risen to 750 arrested with 22 convictions; the then current Home Secretary
, Charles Clarke
, said "the statistics illustrate the difficulty of getting evidence to bring prosecution".
Figures released by the Home Office
on 5 March 2007 show that 1,126 people were arrested under the Act between 11 September 2001 and 31 December 2006. Of the total 1,166 people arrested under the Act or during related police investigations, 221 were charged with terrorism offences, and 40 convicted.
Noted arrests under Section 58 include Abu Bakr Mansha
in December 2005, and the eight suspects involved in the 2004 Financial buildings plot
.
"The Terrorism Act 2000 represents a worthwhile attempt to fulfil the role of a modern code against terrorism, though it fails to meet the desired standards in all respects. There are aspects where rights are probably breached, and its mechanisms to ensure democratic accountability and constitutionalism are even more deficient, as discussed in the section on ‘Scrutiny’ earlier in this chapter. It is also a sobering thought, proffered by the Home Affairs Committee, that the result is that ‘This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.’ (Report on the Anti-terrorism, Crime and Security Bill 2001 (2001-02 HC 351) para.1). But at least that result initially flowed from a solemnly studied and carefully constructed legislative exercise."
Many instances have been reported in the media of innocent people who have been stopped and searched under section 44 of the Act. According to Home Office
guidelines, police are required to have "reasonable suspicion" that a person is acting as a terrorist. Critics of the Act claim that, in practice, police are using Section 44 emergency powers as "an additional tool in their day-to-day policing kit" to stop and search innocent citizens without reasonable grounds, going beyond the original intention of Parliament.
One of the issues arising from the Section 44 authorisations has been the use of the Act to detain lawful protest
ors or other people who are in the vicinity of demonstrations. Critics claim the Act gives police extended powers to deter or prevent peaceful protest.
Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalist
s, amateur and professional photographers, trainspotters, politicians and children have been subject to stop and search under suspicion of being involved in terrorist activities while engaged in lawful acts such as photography. The taking of photographs in public spaces is permitted under the Copyright, Designs and Patents Act 1988
(freedom of panorama), and while the Terrorism Act does not prohibit such activity, critics have alleged misuse of the powers of the Act to prevent lawful photography. (Further restrictions on photography have, however, been introduced with the Counter-Terrorism Act 2008)
Vernon Coaker
, the Minister of State
stated on 20 April 2009 that, "counter-terrorism measures should only be used for counter-terrorism purposes".
In December 2009, the Association of Chief Police Officers
(Acpo) issued a warning to police chiefs to stop using Section 44 powers to target photographers, whether tourists, amateurs or professionals, stating that the practice was "unacceptable".
Other jurisdictions:
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emergency Provisions) Act 1996. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
.
Definition of terrorism
TerrorismTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
is defined, in the first section of the Act, as follows:
- Section 1. -
- (1) In this Act "terrorism" means the use or threat of action where-
- (a) the action falls within subsection (2),
- (b) the use or threat is designed to influence the government [or an international governmental organisation] or to intimidate the public or a section of the public, and
- (c) the use or threat is made for the purpose of advancing a political, religious [, racial] or ideological cause.
- (2) Action falls within this subsection if it-
- (a) involves serious violence against a person,
- (b) involves serious damage to property,
- (c) endangers a person's life, other than that of the person committing the action,
- (d) creates a serious risk to the health or safety of the public or a section of the public, or
- (e) is designed seriously to interfere with or seriously to disrupt an electronic system.
- (3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
Sections (2)(b) and (e) could be criticised as falling well outside the scope of what is generally understood to be the definition of terrorism
Definition of terrorism
There is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Various legal systems and government agencies use different definitions of "terrorism". Moreover, the international community has been slow to formulate a universally agreed...
, i.e. acts that require life-threatening violence.
Prior to this, terrorism was defined in an Act as a footnote, such as Reinsurance (Acts of Terrorism) Act 1993 (c. 18) section 2(2):
"acts of terrorism" means acts of persons acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty's government in the United Kingdom or any other government de jure or de facto.
and Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) section 20(1):
In this Act "terrorism" means the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear.
In Northern Ireland (Emergency Provisions) Act 1996, the criminal offences referred to as terrorism are provided as an exhaustive list of over 70 items.
This move to establish a sound definition of terrorism in the law made it possible to build an entirely new set of police and investigatory powers into incidents of this kind, beyond what they could do for ordinary violent offences.
Proscribed groups
As in previous Terrorism ActsPrevention of Terrorism Act (Northern Ireland)
The Prevention of Terrorism Acts were a series of Acts of the Parliament of the United Kingdom from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism....
, such as the Prevention of Terrorism (Temporary Provisions) Act 1989, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
had the power to maintain a list of proscribed groups that he believes are "concerned in terrorism". The act of being a member of, or supporting such a group, or wearing an item of clothing such as "to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation" is sufficient to be prosecuted for a terrorist offence.
International groups
The secretary of state's list proscribes a number of international organisations, the majority due to accusations connected with Islamic fundamentalismIslamic fundamentalism
Islamic fundamentalism is a term used to describe religious ideologies seen as advocating a return to the "fundamentals" of Islam: the Quran and the Sunnah. Definitions of the term vary. According to Christine L...
. The list as of February 2009 is:
- 17 November Revolutionary OrganisationRevolutionary Organization 17 NovemberRevolutionary Organization 17 November , was a Marxist urban guerrilla organization formed in 1975 and believed to have been disbanded in 2002 after the arrest and trial of a...
(17N) - Abu Nidal Organisation (ANO)
- Abu SayyafAbu SayyafAbu Sayyaf also known as al-Harakat al-Islamiyya is one of several military Islamist separatist groups based in and around the southern Philippines, in Bangsamoro where for almost 30 years various Muslim groups have been engaged in an insurgency for an independent province in the country...
(ASG) - Al-Gama'at al-Islamiya (GI)
- Al GurabaaAl GhurabaaAl Ghurabaa is a Muslim organization which, along with the The Saviour Sect, is widely believed to be the reformed Al-Muhajiroun after it disbanded in 2004 by order of Omar Bakri Muhammad. Other members include Abu Izzadeen and Abu Uzair....
- Al Ittihad Al Islamia (AIAI)
- Al Qaeda
- Ansar Al Islam (AI)
- Ansar Al Sunna (AS):
- Armed Islamic GroupArmed Islamic GroupThe Armed Islamic Group is an Islamist organisation that wants to overthrow the Algerian government and replace it with an Islamic state...
(Groupe Islamique Armée) (GIA) - Asbat Al-Ansar ('League of Parisans' or 'Band of Helpers')
- Babbar KhalsaBabbar KhalsaBabbar Khalsa , also known as Babbar Khalsa International , is a Sikh armed organisation based in India. Many consider the Babbar Khalsa a Resistance movement, and it played a prominent role in the Punjab insurgency. Babbar Khalsa International was created in 1978, after a number of Sikhs were...
(BK) - Baluchistan Liberation ArmyBalochistan Liberation ArmyThe Balochistan Liberation Army is a terrorist group based in Balochistan, a mountainous region within southern Iran and Pakistan. The organization is a participant in the Balochistan conflict and strives to establish an independent state of Balochistan, free of Pakistani and Iranian rule...
(BLA) - Basque Homeland and Liberty (Euskadi ta Askatasuna) (ETA)
- Egyptian Islamic Jihad (EIJ)
- Groupe Islamique Combattant Marocain (GICM)
- HamasHamasHamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
Izz ad-Din al-Qassam BrigadesIzz ad-Din al-Qassam BrigadesThe Izz ad-Din al-Qassam Brigades is the military wing of the Palestinian Islamist fundamentalist socio-political organisation Hamas. Created in 1992, under the direction of Yahya Ayyash, the primary objective of the group was to build a coherent military organisation to support the goals of... - Harakat-Ul-Jihad-Ul-Islami (HUJI)
- Harakat-Ul-Jihad-Ul-Islami (Bangladesh) (HUJI-B):
- Harakat-Ul-Mujahideen/Alami (HuM/A) and JundallahJundallahJundallah, or Jondollah , also known as People's Resistance Movement of Iran , is an organization based in Balochistan that claims to be fighting for the rights of Sunni Muslims in Iran. It was founded by Abdolmalek Rigi who was captured and executed in Iran in 2010...
- Harkat-ul-MujahideenHarkat-ul-MujahideenHarkat-ul-Mujahideen- al-Islami is a Pakistan-based Islamic militant group operating primarily in Kashmir. In 1997, the United States designated Harakat al-Ansar a foreign terrorist organization for links to Osama bin Laden and al-Qaeda, and in response the organization changed its name to...
(HM) - Hezb-e-Islami GulbuddinHezb-e-Islami GulbuddinThe Hezb-e-Islami Gulbuddin is an Afghan islamist political party.The original Hezb-e-Islami was founded in 1977 by Gulbuddin Hekmatyar who is now the head of HIG. The other faction is headed by Mulavi Younas Khalis who split with Hekmatyar and established his own Hezbi Islami in 1979...
(HIG) - Hizballah External Security Organisation
- International Sikh Youth FederationInternational Sikh Youth FederationThe International Sikh Youth Federation is banned under British, Indian, Canadian and American terrorism legislations.- Bannings :In February 2001, the United Kingdom banned twenty-one groups, including the ISYF, under a new terrorism law....
(ISYF) - Islamic Army of Aden (IAA)
- Islamic Jihad UnionIslamic Jihad UnionThe Islamic Jihad Union , also known as Islamic Jihad Group , is a terrorist organization which splintered from the Islamic Movement of Uzbekistan , and has conducted attacks in Uzbekistan and attempted attacks in Germany....
(IJU) - Islamic Movement of UzbekistanIslamic Movement of UzbekistanThe Islamic Movement of Uzbekistan is a militant Islamist group formed in 1991 by the Islamic ideologue Tahir Yuldashev, and former Soviet paratrooper Juma Namangani—both ethnic Uzbeks from the Fergana Valley...
(IMU) - Jaish e Mohammed (JeM)
- Jammat-ul Mujahideen BangladeshJamaat-ul-Mujahideen BangladeshJamaat-ul-Mujahideen was a Islamist organisation operating in Bangladesh...
(JMB) - Jeemah Islamiyah (JI)
- Khuddam Ul-IslamKhuddam ul-IslamKhuddam ul-Islam is an Islamist militant group. It is considered to be a splinter group of the extremist group Jaish-e-Mohammed . They have been banned from the United Kingdom and said to be politically aligned with Maulana Fazal-ur-Rehman's faction of Jamiat Ulema-e-Islam...
(Kul) and splinter group Jamaat Ul-FurquanJamaat Ul-FurquanJamaat Ul-Furquan is an Islamist splinter group of Khuddam ul-Islam banned under United Kingdom terrorism legislation....
(JuF) - Kurdistan Workers PartyKurdistan Workers PartyThe Kurdistan Workers' Party , commonly known as PKK, also known as KGK and formerly known as KADEK or KONGRA-GEL , is a Kurdish organization which has since 1984 been fighting an armed struggle against the Turkish state for an autonomous Kurdistan and greater cultural and political rights...
(Partiya Karkeren Kurdistan or Kongra-Gel) (PKK) - Lashkar e Tayyaba (LT)
- Liberation Tigers of Tamil EelamLiberation Tigers of Tamil EelamThe Liberation Tigers of Tamil Eelam was a separatist militant organization formerly based in northern Sri Lanka. Founded in May 1976 by Vellupillai Prabhakaran, it waged a violent secessionist and nationalist campaign to create an independent state in the north and east of Sri Lanka for Tamil...
(LTTE) - Palestinian Islamic Jihad - Shaqaqi (PIJ)
- Revolutionary Peoples' Liberation Party - Front (Devrimci Halk Kurtulus Partisi - Cephesi) (DHKP-C)
- Salafist Group for Preaching and Combat (Groupe Salafiste pour la Predication et le Combat) (GSPC)
- Sipah-E Sahaba Pakistan (SSP) (renamed Millat-E Islami Pakistan (MIP) in April 2003) and splinter group Lashkar-E Jhangvi (LeJ)
- Libyan Islamic Fighting GroupLibyan Islamic Fighting GroupLibyan Islamic Movement formerly known as The Libyan Islamic Fighting Group also known as Al-Jama’a al-Islamiyyah al-Muqatilah bi-Libya is a group active in Libya which played a key role in deposing Colonel Muammar Gaddafi's regime, allying itself with the National Transitional Council.However...
(LIFG) - Saved Sect or Saviour SectThe Saved SectThe Saved Sect , formerly and more generally known as The Saviour Sect, is a Muslim organization that operated in the United Kingdom from its formation in November 2005 until the British government proscribed it on 17 July 2006...
- Tehrik Nefaz-e Shari'at MuhammadiTehreek-e-Nafaz-e-Shariat-e-MohammadiTehreek-e-Nafaz-e-Shariat-e-Mohammadi is a Pakistani militant group whose objective is to enforce Sharia law in the country. The rebel group took over much of Swat in 2007...
(TNSM) - Teyre Azadiye KurdistanKurdistan Freedom FalconsThe Kurdistan Freedom Falcons , also known as the Kurdistan Freedom Hawks or the Kurdish Vengeance Brigade, is a militant group that has committed attacks throughout Turkey, operating in southern Turkey and northern Iraq with a goal of securing Kurdish secession from Turkey...
(TAK)
Mujaheddin e Khalq
People's Mujahedin of Iran
The People's Mujahedin of Iran is a terrorist militant organization that advocates the overthrow of the Islamic Republic of Iran....
(MeK) was removed from the list of proscribed organisations in June 2008, as a result of judgements of the Proscribed Organisations Appeals Commission and the Court of Appeal
Domestic groups
A number of armed paramilitary groups are also proscribed due to involvement in the TroublesThe Troubles
The Troubles was a period of ethno-political conflict in Northern Ireland which spilled over at various times into England, the Republic of Ireland, and mainland Europe. The duration of the Troubles is conventionally dated from the late 1960s and considered by many to have ended with the Belfast...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. The list as of February 2010 is:
- Continuity Army Council (CAC)
- Cumann na mBanCumann na mBanCumann na mBan is an Irish republican women's paramilitary organisation formed in Dublin on 2 April 1914 as an auxiliary of the Irish Volunteers...
- Fianna na hÉireann, a name claimed by multiple groups
- Irish National Liberation ArmyIrish National Liberation ArmyThe Irish National Liberation Army or INLA is an Irish republican socialist paramilitary group that was formed on 8 December 1974. Its goal is to remove Northern Ireland from the United Kingdom and create a socialist united Ireland....
(INLA) - Irish People's Liberation OrganisationIrish People's Liberation OrganisationThe Irish People's Liberation Organisation was a small Irish republican paramilitary organization which was formed in 1986 by disaffected and expelled members of the Irish National Liberation Army whose factions coalesced in the aftermath of the supergrass trials...
(IPLO) - Irish Republican Army (IRA), a name claimed by multiple groups
- Loyalist Volunteer ForceLoyalist Volunteer ForceThe Loyalist Volunteer Force is a loyalist paramilitary group in Northern Ireland. It was formed by Billy Wright in 1996 when he and the Portadown unit of the Ulster Volunteer Force's Mid-Ulster Brigade was stood down by the UVF leadership. He had been the commander of the Mid-Ulster Brigade. The...
(LVF) - Orange VolunteersOrange VolunteersThe Orange Volunteers or Orange Volunteer Force is an Ulster loyalist and Protestant fundamentalist paramilitary group in Northern Ireland.-Origins:...
- Red Hand Commando
- Red Hand DefendersRed Hand DefendersThe Red Hand Defenders is a loyalist paramilitary group in Northern Ireland. It was formed in 1998 by loyalists who opposed the Belfast Agreement and the loyalist ceasefires. Its members were drawn mostly from the Ulster Defence Association and Loyalist Volunteer Force...
- Saor ÉireSaor Éire (1967-1975)Saor Éire was an armed, radical Irish Republican organisation composed of Trotskyists and ex-IRA members. It took its name from a similar organisation of the 1930s....
- Ulster Defence AssociationUlster Defence AssociationThe Ulster Defence Association is the largest although not the deadliest loyalist paramilitary and vigilante group in Northern Ireland. It was formed in September 1971 and undertook a campaign of almost twenty-four years during "The Troubles"...
(UDA) - Ulster Freedom Fighters (UFF)
- Ulster Volunteer Force (UVF)
Section 41 (detention without charge)
Section 41 of the Act provided the police with the power to arrest and detain a person without charge for up to 48 hours if they were suspected of being a terrorist. This period of detention could be extended to up to seven days if the police can persuade a judge that it is necessary for further questioning.This was a break from ordinary criminal law where suspects had to be charged within 24 hours of detention or be released. This period was later extended to 14 days by the Criminal Justice Act 2003
Criminal Justice Act 2003
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland....
, and to 28 days by the Terrorism Act 2006
Terrorism Act 2006
The Terrorism Act 2006 is an Act of the Parliament of the United Kingdom that received Royal Assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005...
.
Section 44
The most commonly encountered use of the Act was outlined in Section 44 which enables the police and the Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize "articles of a kind which could be used in connection with terrorism". Unlike other stop and search powers that the police can use, Section 44 does not require the police to have "reasonable suspicion" that an offence has been committed, to search an individual.
In 2009, over 100,000 searches were conducted under the powers, but none of these resulted in people being arrested for terrorism offences. 504 were arrested for other offences.
In January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. It held that Article 8 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
had been violated in the case of two people stopped in 2003 outside the ExCeL convention centre in London, which at the time was hosting a military equipment exhibition. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", over-ruling a 2003 High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judgement upheld at the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
and the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
.
The government intends to replace the powers under section 44 with new powers in the Protection of Freedoms Bill, but in the interim Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Theresa May
Theresa May
Theresa Mary May is a British Conservative politician who is Home Secretary in the Conservative – Liberal Democrat Coalition government. She was elected to Parliament in 1997 as the Member of Parliament for Maidenhead, and served as the Chairman of the Conservative Party, 2003–04...
has made a remedial order under the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
(the Terrorism Act 2000 (Remedial) Order 2011), which has the effect of repealing sections 44, 45, 46 and most of section 47.
Section 47A
As discussed above, since 18 March 2011 section 44 has been treated as repealed. It has been replaced with a new section 47A by the Terrorism Act 2000 (Remedial) Order 2011. Under the new provisions, searches can only be carried out as follows:A senior police officer must make an authorisation in relation to a specified area or place. He can make such an authorisation only if he:
- reasonably suspects that an act of terrorism will take place, and
- considers that:
- the authorisation is necessary to prevent such an act,
- the specified area or place is no greater than is necessary to prevent such an act, and
- the duration of the authorisation is no longer than is necessary to prevent such an act.
When such an authorisation is in force, any constable in uniform can, in the specified area or place, stop:
- a vehicle, and search:
- the vehicle,
- the driver of the vehicle,
- a passenger in the vehicle, and
- anything in or on the vehicle or carried by the driver or a passenger,
- a pedestrian, and search:
- the pedestrian, and
- anything carried by the pedestrian.
But the power to search can only be used for the purpose of discovering whether there is anything which may constitute evidence that:
- the vehicle concerned is being used for the purposes of terrorism, or that
- the person concerned is or has been concerned in the commission, preparation or instigation of acts of terrorism.
The power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence. A person or vehicle searched under this power may be detained for as long as is reasonably required. A person who is searched may be required to remove their headgear, footwear, outer coat, jacket or gloves, but nothing else whilst in public. If requested, a form must be given stating that the person/vehicle was stopped.
An authorisation can be given by an Assistant Chief Constable
Assistant Chief Constable
Assistant chief constable is the third highest rank in all British territorial police forces , as well as the British Transport Police, Ministry of Defence Police and...
(or if the area is in the Metropolitan Police District
Metropolitan Police District
The Metropolitan Police District is the police area which is policed by London's Metropolitan Police Service. It currently consists of Greater London, excluding the City of London.-History:...
of the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
, then a Commander of the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
/City of London Police
City of London Police
The City of London Police is the territorial police force responsible for law enforcement within the City of London, England, including the Middle and Inner Temple. The service responsible for law enforcement within the rest of Greater London is the Metropolitan Police Service, a separate...
). Authorisations can also be given by the Assistant Chief Constables of:
- the British Transport PoliceBritish Transport PoliceThe British Transport Police is a special police force that polices those railways and light-rail systems in Great Britain for which it has entered into an agreement to provide such services...
, in relation to railway property, - the Ministry of Defence PoliceMinistry of Defence PoliceThe Ministry of Defence Police is a civilian police force which is part of the United Kingdom's Ministry of Defence. The force is part of the larger government agency, the Ministry of Defence Police and Guarding Agency , together with the Ministry of Defence Guard Service...
, in relation to military land, ordnance factories or dockyards, or other places where the Ministry of Defence Police have an agreement to police (some gas terminals) - the Civil Nuclear ConstabularyCivil Nuclear ConstabularyThe Civil Nuclear Constabulary is a special police force responsible for providing law enforcement and security at civil nuclear installations, and for nuclear materials in transit, throughout the United Kingdom....
, in relation to nuclear power stations and associated land, and land up to 5 kilometres from such places.
If given verbally, authorisations must be confirmed in writing as soon as reasonably practicable, and in either case must be notified to the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
as soon as reasonably practicable. Authorisations must be confirmed by the Home Office within 48 hours of their being made, or they expire automatically. If confirmed, an authorisation can only last for up to 14 days. An authorisation can be cancelled at any time, or restricted in respect of the time it ends or the area which it covers, but it cannot be expanded. New authorisations can be made regardless of whether previous authorisations exist, or have been cancelled or have expired.
Section 58 - Collection of information
This section creates the offence, liable to a prison term of up to ten years, to collect or possesses "information of a kind likely to be useful to a person committing or preparing an act of terrorism".Sections 57-58: Possession offences: Section 57 is dealing with possessing articles for the purpose of terrorist acts. Section 58 is dealing with collecting or holding information that is of a kind likely to be useful to those involved in acts of terrorism. Section 57 includes a specific intention, section 58 does not.
Bilal Zaheer Ahmad, 23, from Wolverhampton, is believed to be the first first person convicted of collecting information likely to be of use to a terrorist, including the al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
publication Inspire
Inspire (magazine)
Inspire is an English language online magazine reported to be published by the organization al-Qaeda in the Arabian Peninsula . The use of the magazine is to increase the availability of their message without challenges to their value system. The magazine is one of the many ways AQAP uses the...
.
Stop and search, arrest and conviction rates
Between July and December 2007, the BBC reported that more than 14,000 people and vehicles had been stopped and searched by British Transport Police in Scotland. In 2008 the Metropolitan PoliceMetropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
conducted 175,000 searches using Section 44, these included over 2313 children (aged 15 or under), of whom 58 where aged under 10.
Up to early 2004 around 500 people are believed to have been arrested under the Act; seven people had been charged. By October 2005 these figures had risen to 750 arrested with 22 convictions; the then current Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Charles Clarke
Charles Clarke
Charles Rodway Clarke is a British Labour Party politician, who was the Member of Parliament for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006.-Early life:...
, said "the statistics illustrate the difficulty of getting evidence to bring prosecution".
Figures released by the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
on 5 March 2007 show that 1,126 people were arrested under the Act between 11 September 2001 and 31 December 2006. Of the total 1,166 people arrested under the Act or during related police investigations, 221 were charged with terrorism offences, and 40 convicted.
Noted arrests under Section 58 include Abu Bakr Mansha
Abu Bakr Mansha
Abu Bakr Mansha is a person who was convicted under the Terrorism Act 2000.A police raid on his flat in Thamesmead had found a blank-firing gun, which someone was trying to convert to fire live rounds, as well as DVDs containing "virulent anti-Western propaganda" relating to Osama bin Laden and...
in December 2005, and the eight suspects involved in the 2004 Financial buildings plot
2004 Financial buildings plot
The 2004 financial buildings plot was a plan led by Dhiren Barot to attack a number of targets in the U.S. and the United Kingdom which is believed to have been approved by al-Qaeda....
.
Reactions and analysis
In his comprehensive commentary on this Act and other anti-terrorism legislation, Professor Clive Walker of the University of Leeds comments:"The Terrorism Act 2000 represents a worthwhile attempt to fulfil the role of a modern code against terrorism, though it fails to meet the desired standards in all respects. There are aspects where rights are probably breached, and its mechanisms to ensure democratic accountability and constitutionalism are even more deficient, as discussed in the section on ‘Scrutiny’ earlier in this chapter. It is also a sobering thought, proffered by the Home Affairs Committee, that the result is that ‘This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.’ (Report on the Anti-terrorism, Crime and Security Bill 2001 (2001-02 HC 351) para.1). But at least that result initially flowed from a solemnly studied and carefully constructed legislative exercise."
Alleged abuses
The laws have been criticised for allowing excessive police powers leaving scope for abuse. There have been various cases in which the laws have been used in scenarios criticised for being unrelated to fighting terrorism. Critics allege there is systematic abuse of the act against protesters.Many instances have been reported in the media of innocent people who have been stopped and searched under section 44 of the Act. According to Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
guidelines, police are required to have "reasonable suspicion" that a person is acting as a terrorist. Critics of the Act claim that, in practice, police are using Section 44 emergency powers as "an additional tool in their day-to-day policing kit" to stop and search innocent citizens without reasonable grounds, going beyond the original intention of Parliament.
One of the issues arising from the Section 44 authorisations has been the use of the Act to detain lawful protest
Protest
A protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...
ors or other people who are in the vicinity of demonstrations. Critics claim the Act gives police extended powers to deter or prevent peaceful protest.
Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s, amateur and professional photographers, trainspotters, politicians and children have been subject to stop and search under suspicion of being involved in terrorist activities while engaged in lawful acts such as photography. The taking of photographs in public spaces is permitted under the Copyright, Designs and Patents Act 1988
Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 , also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been...
(freedom of panorama), and while the Terrorism Act does not prohibit such activity, critics have alleged misuse of the powers of the Act to prevent lawful photography. (Further restrictions on photography have, however, been introduced with the Counter-Terrorism Act 2008)
Vernon Coaker
Vernon Coaker
Vernon Rodney Coaker is a British Labour Party politician who has been the Member of Parliament for Gedling since 1997; Coaker was appointed Minister of State for Schools and Learners in June 2009, a post he held until Gordon Brown resigned as Prime Minister on 11 May 2010...
, the Minister of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
stated on 20 April 2009 that, "counter-terrorism measures should only be used for counter-terrorism purposes".
In December 2009, the Association of Chief Police Officers
Association of Chief Police Officers
The Association of Chief Police Officers , established in 1948, is a private limited company that leads the development of policing practice in England, Wales and Northern Ireland.ACPO provides a forum for chief police officers to share ideas and coordinates the strategic...
(Acpo) issued a warning to police chiefs to stop using Section 44 powers to target photographers, whether tourists, amateurs or professionals, stating that the practice was "unacceptable".
General
- In October 2005 Sally Cameron was held for four hours after being arrested under the act for walking on a cycle path in a controlled port area in DundeeDundeeDundee is the fourth-largest city in Scotland and the 39th most populous settlement in the United Kingdom. It lies within the eastern central Lowlands on the north bank of the Firth of Tay, which feeds into the North Sea...
owned by Forth PortsForth PortsForth Ports Limited is one of the largest port operators in the United Kingdom. It is based in Edinburgh, Scotland, which is situated on the Firth of Forth...
. While cyclists were free to pass through the port zone, she was arrested and detained because she was a pedestrian and under suspicion of being a terrorist.
- In July 2008 anti-terror police held a 12-year-old autistic boy with cerebral palsyCerebral palsyCerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....
and his parents whilst travelling on the Eurotunnel ShuttleEurotunnel ShuttleEurotunnel Le Shuttle is a shuttle service between Calais/Coquelles in France and Folkestone in Britain. It conveys road vehicles by rail through the Channel Tunnel...
rail service under Section 7 of the Terrorism Act. The child's mother was taken to an interrogation room and questioned on suspicion of child traffickingTrafficking of childrenTrafficking of children is a form of human trafficking. It is defined as the recruitment, transportation, transfer, harboring, or receiving of children for the purpose of exploitation....
and released without charge. Kent PoliceKent PoliceKent Police is the territorial police force for Kent in England, including the unitary authority of Medway.-Area and organisation:The force covers an area of with an approximate population of 1,660,588 . The Chief Constable is currently Ian Learmonth, who was appointed in 2010 and is the former...
later apologised for the incident.
Section 44
- In September 2003 two people - Kevin Gillan and Pennie Quinton - intending to protest against the Defence Systems Equipment International (DSEI) show in LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
's Docklands, were stopped and searched under the Act. There followed an outcry that this was a misuse of power. The pressure group LibertyLiberty (pressure group)Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
took the case to High CourtHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
where the Judge ruled in favour of the police. Appeals to the Court of Appeal, and, in March 2006, to the House of Lords, failed. The case was then taken to the European Court of Human Rights, due to an alleged violation of Articles 5,8,10 and 11 of the European Convention on Human Rights. The court ruled that the stop and search powers of the Police constituted a violation of the right to privacy. - Walter WolfgangWalter WolfgangWalter Jakob Wolfgang is a German-born British socialist and peace activist.He is currently Vice President and Vice Chair of Labourof the Campaign for Nuclear Disarmament and a supporter of the Stop the War Coalition...
was removed from the 2005 Labour PartyLabour Party (UK)The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
conference for heckling Jack StrawJack Straw (politician)John Whitaker Straw is a British Labour Party politician who has been the Member of Parliament for Blackburn since 1979. He served as Home Secretary from 1997 to 2001, Foreign Secretary from 2001 to 2006 and Lord Privy Seal and Leader of the House of Commons from 2006 to 2007 under Tony Blair...
. He was later stopped by police under the Terrorism Act on attempting to re-enter the conference. - Over 1000 anti-war protesters, were stopped and required to empty their pockets, on their way to RAF FairfordRAF FairfordRAF Fairford is a Royal Air Force station in Gloucestershire, England. It is a standby airfield, not in everyday use. Its most prominent use in recent years has been as an airfield for United States Air Force B-52s during the 2003 Iraq War, Operation Allied Force in 1999, and the first Gulf War in...
(used by American B-52 bombers during the Iraq conflict). - During the 2005 G8 protests in AuchterarderAuchterarderAuchterarder is a small town located north of the Ochil Hills in Perth and Kinross, Scotland, and home to the famous Gleneagles Hotel. The 1.5 mile long High Street of Auchterarder gave the town its popular name of "Lang Toon"....
, Scotland, a cricketCricketCricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
er on his way to a match was stopped at King's Cross station in London under Section 44 powers and questioned over his possession of a cricket batCricket batA cricket bat is a specialised piece of equipment used by batsmen in the sport of cricket to hit the ball. It is usually made of willow wood. Its use is first mentioned in 1624....
. - In October 2008 police stopped a 15-year-old schoolboy in south London who was taking photographs of Wimbledon railway station for his school geography project. He was questioned under suspicion of being a terrorist. His parents raised concerns that his personal data could be held on a police databaseCrimintCrimint is a database run by the Metropolitan Police Service of Greater London which stores information on criminals, suspected criminals and protesters. It was created in 1994 and supplied by Memex Technology Limited. It supports the recording and searching of items of intelligence by both police...
for up to six years. - In January 2009, Member of ParliamentMember of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
Andrew PellingAndrew PellingAndrew John Pelling is a British politician. First elected as a Conservative he was an independent Member of Parliament for Croydon Central and on 30 March 2010 announced his intention to contest the seat as an Independent at the 2010 general election, but lost the seat to his former party...
was questioned after photographing roadworksRoadworksRoadworks occur when part of the road, or in rare cases, the entire road, has to be occupied for work relating to the road, most often in the case of road surface repairs...
near a railway station - In April 2009 a man in Enfield was questioned under Section 44 for photographing a police car that he considered was being driven inappropriately along a public footpath.
- Trainspotters have frequently been subjected to stop and search; in August 2009 a rail enthusiast was pursued by Dyfed-Powys PoliceDyfed-Powys PoliceDyfed-Powys Police is the territorial police force responsible for policing Ceredigion, Carmarthenshire, Pembrokeshire and the county of Powys, in Wales. The territory it covers is the largest police area in England and Wales, and the fourth largest in the United Kingdom...
for photographing a locomotiveLocomotiveA locomotive is a railway vehicle that provides the motive power for a train. The word originates from the Latin loco – "from a place", ablative of locus, "place" + Medieval Latin motivus, "causing motion", and is a shortened form of the term locomotive engine, first used in the early 19th...
at a MurcoMurco Petroleum LtdMurco Petroleum Ltd is a UK-based oil company, with headquarters in St. Albans, Hertfordshire. It refines oil and also has a network of petrol stations. It was founded in 1960 and is a subsidiary of the USA-based Murphy Oil Corporation. The company owns a chain of Costcutter convenience stores...
oil refineryOil refineryAn oil refinery or petroleum refinery is an industrial process plant where crude oil is processed and refined into more useful petroleum products, such as gasoline, diesel fuel, asphalt base, heating oil, kerosene, and liquefied petroleum gas...
in Milford HavenMilford HavenMilford Haven is a town and community in Pembrokeshire, Wales. It is situated on the north side of the Milford Haven Waterway, a natural harbour used as a port since the Middle Ages. The town was founded in 1790 on the north side of the Waterway, from which it takes its name...
. Between 2000 and 2009, police used powers under the Act to stop 62,584 people at railway stations. - In November 2009, BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
photographer Jeff Overs was searched and questioned by police outside the Tate ModernTate ModernTate Modern is a modern art gallery located in London, England. It is Britain's national gallery of international modern art and forms part of the Tate group . It is the most-visited modern art gallery in the world, with around 4.7 million visitors per year...
art gallery for photographing the sunset over St Paul's CathedralSt Paul's CathedralSt Paul's Cathedral, London, is a Church of England cathedral and seat of the Bishop of London. Its dedication to Paul the Apostle dates back to the original church on this site, founded in AD 604. St Paul's sits at the top of Ludgate Hill, the highest point in the City of London, and is the mother...
, under suspicion of preparing for a terrorist act. Overs lodged a formal complaint with the Metropolitan Police. - In December 2009, renowned architectural photographer Grant Smith was searched by a group of City of London PoliceCity of London PoliceThe City of London Police is the territorial police force responsible for law enforcement within the City of London, England, including the Middle and Inner Temple. The service responsible for law enforcement within the rest of Greater London is the Metropolitan Police Service, a separate...
officers under Section 44 because he was taking photographs of Christ Church GreyfriarsChrist Church GreyfriarsChrist Church Greyfriars, also known as Christ Church Newgate, was an Anglican church located on Newgate Street, opposite St Paul's Cathedral in the City of London. Built first in the gothic style, then in the English Baroque style by Sir Christopher Wren, it ranked among the City's most notable...
; although he was working on public ground, the church's proximity to the Bank of AmericaBank of AmericaBank of America Corporation, an American multinational banking and financial services corporation, is the second largest bank holding company in the United States by assets, and the fourth largest bank in the U.S. by market capitalization. The bank is headquartered in Charlotte, North Carolina...
City of London branch caused a bank security guard to call the police.
See also
- Terrorism Acts (since 2000)
- Human rights in the United KingdomHuman rights in the United KingdomHuman rights in the United Kingdom are set out in common law, with its strongest roots being in the English Bill of Rights 1689, as well as the European legislation. At the same time, the UK has also had a history of both de jure and de facto discrimination, and, in recent history, occasional...
- Walter WolfgangWalter WolfgangWalter Jakob Wolfgang is a German-born British socialist and peace activist.He is currently Vice President and Vice Chair of Labourof the Campaign for Nuclear Disarmament and a supporter of the Stop the War Coalition...
- subject of an oft-quoted abuse of Section 44 of the Terrorism Act. - Samina MalikSamina MalikSamina Malik, the self-described Lyrical Terrorist, was the first woman to be convicted under the UK's 2000 Terrorism Act. Malik, then a 23 year-old Heathrow Airport shop clerk from Southall, west London, was found guilty of "possessing records likely to be used for terrorism", but was earlier...
- first woman convicted under the Terrorism Act. - Rizwaan Sabir - Postgraduate Student Arrested & Detained for 6 Days under Section 41 of the Terrorism Act 2000
- Proscribed Organisations Appeal Commission
- Photography and the lawPhotography and the lawPhotography tends to be protected by the law through copyright and moral rights. Photography tends to be restricted by the law through miscellaneous criminal offences. Publishing certain photographs can be restricted by privacy law...
- issues arising around the taking of photographs
Other jurisdictions:
- List of designated terrorist organizations
- U.S. State Department list of Foreign Terrorist OrganizationsU.S. State Department list of Foreign Terrorist Organizations"Foreign Terrorist Organization" is a designation of non-United States-based organizations declared terrorist by the United States Secretary of State in accordance with section 219 of the U.S. Immigration and Nationality Act...
External links
- Official text of the Terrorism Act 2000, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - Explanatory notes to the Terrorism Act 2000, from the Office of Public Sector Information.
- Home Office independent reviews of the Act
- Lord Carlile's review of the Act in 2005
- Review of definition of “Terrorism” in British Law published